HomeMy WebLinkAbout2017-1751
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RESOLUTION NO. 2017-175
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND RUST CONSULTING/OMNI BANKRUPTCY TO
PROVIDE CLAIMS AND NOTICING AGENT SERVICES
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute on behalf of the City, a
First Amendment to the Professional Services Agreement between Rust Consulting/Omni
Bankruptcy, a copy of which is attached hereto and marked Exhibit "A" and incorporated herein
by reference as thought set forth at length.
SECTION 2. The authorization to execute the above -referenced agreement is rescinded
if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND RUST CONSULTING/OMNI BANKRUPTCY TO
PROVIDE CLAIMS AND NOTICING AGENT SERVICES
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 6t' day
of September 2017, by the following vote, to wit:
Couneil Members:
AYES
MARQUEZ
X
BARRIOS
X
VALDIVIA
X
SHORETT X(M)
NICKEL X
RICHARD X
MULVIHILL X(S)
NAYS ABSTAIN ABSENT
GeorgeaiwIfIanna, CMC-, City Clerk
The foregoing Resolution is hereby approved this 6th day of September 2017.
/J J
R. Carey Davi�Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
ra
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND RUST CONSULTING/OMNI
BANKRUPTCY
THIS FIRST AMENDMENT is made and entered into as of September 6, 2017 by and between
the CITY OF SAN BERNARDINO, a charter city ("CITY"), and Rust Consulting/Omni
Bankruptcy ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On August 6, 2012 the City and Consultant entered into that certain agreement
entitled "PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND RUST CONSULTING/OMNI BANKRUPTCY TO PROVIDE CLAIMS AND
NOTICING AGENT SERVICES."
b. The parties now desire to extend the term and increase the compensation as set forth
in this Amendment.
2. Section 2. COMPENSATION AND EXPENSES of the.Agreement is hereby amended to
increase the amount by $100,000 for a total not to exceed amount of $360,000
3. Section 3 TERM: TERMINATION is hereby amended to extend the term to August 31,
2019
4. Except for the changes specifically set forth herein, all other terms and conditions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through tr1eir respective authorized officers, as of the date first above written.
Dated: , 2017 RUST CONSULTING/OMNI
ANKRUPTC
By: Z---'
Dated , 2017 C OF SAV BERNARDINO
Andrea M. Miller,
City Manager
Approved as to Form:
Gary D. Saenz, City Attorney ATTEST:
Georgeann H na, CMC, Ck Clerk